Rama Gaur And Others vs Subhash Chand Sharma And Others

Vivek Jain, J

By way of this petition, challenge is made to the order dated 29.10.2025, whereby the right of the defendants No.6 & 7 to file written statement has been closed and further challenge is made to the order Annexure P-5 dated 09.12.2025, whereby the trial Court refused to take on record the written statement of these defendants which was filed on 11.11.2025.

The petitioners/defendants No.6 & 7 appeared for the first time before the trial Court through counsel on 11.07.2025 and they were granted time till 29.10.2025 to file written statement and thereafter on 29.10.2025, their right to file written statement was closed. But later on, on the very next day, i.e. on 11.11.2025, these defendants appeared and filed a written statement along with an application under Section 151 CPC to take the written statement on record, which has now been dismissed by the trial Court on 09.12.2025.

From a perusal of the order sheets of the trial court, it is clear that the petitioners for the first time appeared before the trial Court on 11.07.2025 and then the matter was referred for Mediation on 28.07.2025. Later on, the mediation report of failure was received by the trial Court on 07.10.2025 and then the suit proceeded again.

From the aforesaid facts, it is clear that though the written statement has been filed on 11.11.2025, which is slightly beyond the time limit of 90 days as per Order 8 Rule 1 CPC, but at the same time, it is clear that though there is a delay of one month beyond this time limit of three months, but the case was proceeding for Mediation from 28.07.2025 till 07.10.2025, which is around two and a half months.

In view of the aforesaid, this Court deems it fit to set aside the order dated 11.11.2025 so also the order dated 09.12.2025. The written statement of the petitioners-defendants No.6 & 7 be taken on record, subject to payment of cost of Rs.1000/- to be paid to the plaintiffs before the trial Court.

Petition is allowed.